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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> IMAGE BEYOND IMAGINATION (Trade Mark: Opposition) [2007] UKIntelP o27907 (24 September 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o27907.html
Cite as: [2007] UKIntelP o27907

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IMAGE BEYOND IMAGINATION (Trade Mark: Opposition) [2007] UKIntelP o27907 (24 September 2007)

For the whole decision click here: o27907

Trade mark decision

BL Number
O/279/07
Decision date
24 September 2007
Hearing officer
Mr M Reynolds
Mark
IMAGE BEYOND IMAGINATION
Classes
09
Applicants
Samsung Electronics Co Ltd
Opponents
Thomson
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): Opposition Successful

Points Of Interest

Summary

The opposition was based on the opponents’ CTM, IMAGE AND BEYOND , in Classes 9, 35, 38 and 41. The Hearing Officer described the applied for specification as “cryptic in terms of meaning”, and was forced to rely reluctantly on the judgement of a French court in parallel opposition proceedings. This appeared to confirm that identical goods were involved. He found the marks to be “similar to a significant, but not the highest degree”. Overall, he found a likelihood of confusion and the opposition succeeded accordingly.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o27907.html